ORDER NO.30263
RESOLUTION REQUESTING TEXAS WATER DEVELOPMENT BOARD
ASSISTANCE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Adopt the Resolution, as amended by Counsel to show "Disadvantaged" not
"Depressed" in the Title, requesting Texas Water Development Board assistance
through grant funding for the Center Point/Eastern Kerr County Wastewater
Collection and Transmission System, for submission with the Application to the
Water Development Board. Roll call for vote:
Commissioner Baldwin aye
Commissioner Williams aye
Commissioner Letz aye
Commissioner Oehler aye
zero noes
zero abstentions
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: May 14, 2007 TIME PREFERRED:
SUBJECT: (Please he specific). Consider, discuss and take appropriate action to
Adopt a Resolution requesting Texas Water Development Board assistance through grant
funding for the Center PointlEastern Kerr County Wastewater Collection and
Transmission System.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams.
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
RESOLUTION
A Resolution requesting financial assistance from the Texas Water Development Board trough its
Economically Disadvangated Area Program to construct wastewater improvements in the County.
STATE OF TEXAS
COUNTY OF KERB
WHEREAS Pursuant to applicable laws of the State of Texas, including Local Government
Code, Chapter 412, Subchapter B, Sec. 412.016, (the "Act'), KERR COUNTY,
TEXAS (the "County") is authorized to own, operate and maintain water and
wastewater systems within the boundaries of the County; and
WHEREAS The Commissioners' Court of the County deems it necessary and advisab)e to
construct water and wastewater improvements in certain unincorporated areas of
the County, as described in the "Application" referred to below, for the benefit of
citizens of the County and to satisfy certain state and federal rules and
regulations relating to safe drinking water standards; and
WHEREAS The County intends to finance such improvements (collectively, the "Project")
in part through the issuance of a series of revenue bonds or certificates of
obligation issued by the County in the approximate principal amount of
$12,365,000 which will be payable from net revenues generated from the Project
(in the case of revenue bonds) or ad valorem taxes levied within the County whit
the limit provided by law and/or from the net revenues generated from the
Project (in the case of certificates of obligation); and
WHEREAS The County intends to issue such series of revenue bonds or certificates of
obligation and deliver such bonds or certificates to the Texas Water Development
Board to finance the Project; and;
WHEREAS The CounTy deems it necessary to apply to the Texas Water Development Board
for financial assistance: and
WHEREAS In accordance with the rules and regulations of the Texas Water Development
Board, which governs the procedures of making such Application, the
Commissioners' Court of the County is required to adopt a Resolution to
accompany such Application; now
THEREFORE BE IT RESOLVED BY COMMISSIONERS' COURT OF KERB
COUNTY, TEXAS, THAT:
SECTION 1, REQUEST FOR FINANCIAL ASSISTANCE; APPROVAL OF
APPLICATION. The Texas Water Development Board is hereby requested to grant financial
assistance to the County through its EDAP Program for the cost of the Project for the benefit of
the County and its citizens, all as further described in the application for financial assistance in
substantially the form presented to the Commissioners' Court at the meeting during which this
Resolution was adopted (the "Application").
SECTION 2. AUTHORITY OF COUNTY OFFICIALS. The County Judge of Kerr
County is authorized to execute and submit to the Texas Water Development Board the
Application for such financial assistance, and [he County Judge and all members of the
Commissioners' Court of Kerr County, together with bond counsel, financial advisor, and
consulting engineers named in the Application, are hereby authorized to appear before the Texas
Water Development Board in support of such Application and Project. The County Judge is
further specifically authorized to make the required assurances to the Texas Water Development
Board in accordance with the rules, regulations, and policies of the Texas Water Development
Board and submit other documentation as may be required by the Texas Water Development
Board.
SECTION 3. FINDINGS. It is hereby found and determined that Kerr County cannot
reasonably finance the proposed Project without financial assistance in the amount requested, and
that the nature of the improvements proposed to be financed constitute an emergency condition,
and immediate consideration of the Application is requested.
SECTION 4. INCLUSION OF RESOLUTION. A certified copy of this Resolution
shall be included with the Application herein authorized to be prepared in final form and
submitted to the Texas Water Development Board,
SECTION 5. INCORPORATION OF RECITALS. Kerr County hereby finds that the
statements set forth in the recitals of this Resolution are true and correct, and the County hereby
incorporates such recitals as part of this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective
immediately after its adoption.
[The remainder of this page intentfonully left blank)
AllOPTED BY THE COMMISSIONERS' COURT OF KERB COUNTY, TEXAS, AT A
REGULAAR MEETING HELD ON THE 14T" DAY OF MAY, 2007.
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- F in ey, County Judge~~`~~
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H. A. "Buster" Baldwin
Commissioner, Precinct 1
William H. Williams , `
Precinct 2
Bruce Oehler
Commissioner, Precinct4
ATTESla /j
County Clerk~{{err County, Texi{s
[EXECUTION PAGE TO RESOLUTION FRQUESTING FINANCIAL ASSISTANCE)
CERT'IFICAT'E FOR RESOLUTION
STATE OF TEXAS
COUNTY OF KERR
I, the undersigned County Clerk of KERR COUNTY. TEXAS (the County), hereby certify as
follows:
1. The Commissioners' Court of the County convened in REGULAR MEETING ON THE ]4Tn
DAY OF MAY, 2007, at the designated meeting place, and the roll was called ofthe duly
constituted officers and members of said Commissioners' Court, to-wit:
Pat Tinley, County Judge
H. A. "Buster" Baldwin, County Commissioner, Precinct 1
William H. Williams, County Commissioner, Precinct 2
Jonathan Letz, County Commissioner, Precinct 3
Brace Oehler, County Commissioner, Precinct 4
And all of said persons were present, except the following absentees: ~"
Thus constituting a quorum. Whereupon, among other business, the following was transacted at said
meeting: a written
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE
TEXAS WATER DEVELOPMENT BOARD THROUGH ITS EDAP
PROGRAM TO CONSTRUCT WASTEWATER IMPROVEMENTS
IN THE COUNTY
Was duly read. It was then duly moved and seconded that said Resolution be adopted; and after due
discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the
following vote:
AYES:,_ '~ NOES:_~ ABSTENTIONS: Q
2. A tme, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in
the above and foregoing paragraph is attached to and follows this Certificate; said Resolution
has been duly recorded in said Commissioners' Court minutes of said Meeting; the above and
foregoing pazagmph is a true, full, and correct excerpt from said Commissioner' Court
minutes of said meeting pertaining to the adoption of said Resolution; the persons named in
the above and foregoing paragraph are the duly chosen, qualified, and acting officers and
members of said Commissioners' Court as indicated therein; each of the officers and members
of said Commissioners' Court was duly and sufficiently notified officially and personally, in
advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution
would be introduced and considered for adoption at said Meeting; and said Meeting was open
to the public, and public notice of the time, place, and purpose of said Meeting was given, all
as required by Chapter 551, Texas Government Code
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SIGNED AND SEALED THE 14"' D OF MA 200)f
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